ANJANEYALU GUPTA Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the concurrent findings recorded by the courts below holding the petitioner herein guilty of the offences punishable under sections 120-B, 411, 468, 471 and 420 of Indian Penal Code.

(2.) The petitioner herein was accused No.1 before the lower court. The petitioner along with accused No.2 were tried on the accusation that during November and December 1994, accused Nos.1 and 2 entered into criminal conspiracy among themselves and with one I.K.Ravindranath (since expired) to cheat Syndicate Bank by forging certain demand drafts. In furtherance of the said conspiracy, accused No.2 Vijayasena knowing fully well that he was not employed in the Syndicate Bank and that he was not empowered to prepare any such valuable security, dishonestly and fraudulently forged a demand draft bearing No.326672 for a sum of Rs.9,36,000/- in the name of accused No.1 P.Anjaneyulu Gupta. The leaf used for preparing the demand draft was stealthily removed from Thithimathi Branch of Syndicate Bank. Accused No.1 presented the forged demand draft to V.V.Puram Branch, Syndicate Bank at Bengaluru and withdrew the entire proceeds of the demand draft amounting to Rs.9,36,000/- on 16.12.1994 and 17.12.1994 and thus caused wrongful loss of Rs.9,36,000/- to Syndicate Bank and corresponding wrongful gain to himself and to Sri.I.K.Ravindranath.

(3.) In order to prove the accusations, the prosecution examined 13 witnesses and got admitted into evidence 26 documents marked as Ex.P1 to Ex.P26. On considering the said material, learned XVII Addl. Chief Metropolitan Magistrate, Bengaluru by order dated 2.12.2006 in C.C.No.2040/1998 held accused Nos.1 and 2 guilty of the aforesaid offences and accordingly, sentenced them to undergo simple imprisonment for two years and a fine of Rs.2,000/- each for all the above offences.